1. Terms. KURGAN MOTOR SPORTS, LLC (“Company”) agrees to perform the services listed on the reverse side pursuant to terms listed herein.
2. Approval to Begin Work. Once customer, the party whose signature is on the reverse side of this document (“Customer”) approves work to be performed by Company, such approval made verbally, implicitly, or through a written communication between any agent of Company and Customer, will bind Customer to the terms of this agreement (“Agreement”).
3. Company’s Warranties.
a. Company warrants the labor performed by Company for a period of three (3) months from the most recent time Company performed such labor on the Vehicle, as defined below.
b. Company does not warrant the parts installed in the Vehicle, as defined below, or any parts Company installs pursuant to this Agreement; warranties for parts are generally provided by the manufacturer and such warranties are separate from this Agreement.
4. Customer’s Warranties.
a. Customer promises to disclose to Company any and all relevant or potentially relevant information to Company that may affect the Vehicle, as defined below, so that Company can make informed decisions when performing work. Specifically, Customer understands and accepts that Company is not liable or responsible for problems or issues that were not disclosed to the Company before the signing of this Agreement or, if applicable, thereafter.
b. Customer understands and accepts that the removal of, modification to, or changes made to any vehicle part(s), anything involving the engine, exhaust system, electronics system, tune settings, drivetrain or the like (collectively, the “Vehicle”) by Customer or any other person or entity, voids all Company warranties made or referenced herein.
c. Customer understands and accepts that the operations performed by Company are inherently dangerous and may have unforeseen consequences. Specifically, conducting the necessary tests on the Vehicle may include taking the engine to high RPMs which may irreparably damage the Vehicle and render some or all of the Vehicle useless.
d. Customer understands and accepts that, due to the nature of performance applications, parts and service are sold and performed without any expressed or implied warranty for a particular purpose. Company is not responsible for any special, incidental, or consequential damages, including, but not limited to, damage or loss of profit or revenue, cost(s) of purchase or replacement goods, or claims of Customer, which may arise and/or result the sale, installation, service or use of any parts installed on Vehicle. Actions specified in this Agreement may adversely affect the Vehicle manufacturer’s warranty and/or coverage.
5. Time of Payment. Payment is due immediately upon receipt of goods and/or services unless otherwise agreed to by the parties in writing.
6. Late Charges. Interest shall accrue on all unpaid amounts at the rate of 1.5% per month. 7. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia.
8. Jurisdiction and Venue.
a. Any arbitration hearing and all proceedings in connection therewith shall take place in Hall County, Georgia. The arbitration shall be conducted by one or more mediators/arbitrators selected by the parties.
b. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder will be instituted exclusively in the courts of the State of Georgia in each case located in Hall County, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens.
9. Attorney’s Fees. If a delinquent account is referred to a collection agency or attorney, Customer agrees to pay the costs of collection and/or attorney’s fees and all other costs incurred thereby in addition to the amounts owed by Customer. In the event any dispute between the Parties should result in litigation or arbitration, the prevailing party shall be reimbursed for all reasonable costs and reasonable attorney’s fees incurred in connection with such litigation or arbitration, including, without limitation, reasonable costs and reasonable attorney’s fees incurred in collecting the judgment(s) or arbitration award(s) resulting from such litigation or arbitration.
10. Waivers. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving.
11. Modification. This Agreement may only be modified if done so in a writing that is signed by the parties hereto.
12. Merger Clause. This Agreement represents the final and entire agreement between the Parties, and supersedes all prior or contemporaneous agreements, whether express or implied, written or unwritten.
13. Severability. If any part or portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder shall have force and effect to the full extent permitted by law.